ALABAMA POWER CO. v. GIELLE

Civ. 1732, Civ. 1733.

373 So.2d 851 (1979)

ALABAMA POWER COMPANY v. Fred H. GIELLE, Jr., and wife, Katherine K. Gielle, and Annette Keeling Cummans.

Court of Civil Appeals of Alabama.

Rehearing Denied August 8, 1979.


Attorney(s) appearing for the Case

S. Allen Baker, Jr. of Balch, Bingham, Baker, Hawthorne, Williams & Ward, Birmingham, for appellant.

William D. Hudson, Gadsden, for appellees.


HOLMES, Judge.

The defendant, Alabama Power Company, appeals from an order of the circuit court denying its alternative motions for a judgment notwithstanding the verdict or a new trial. We affirm.

The plaintiff owns residential property on Lake Neely-Henry, a lake impounded by a hydroelectric dam owned and operated by defendant. Defendant maintains a 110 ft. power pole on plaintiff's lot. The instant action arose because the easement for defendant's pole...

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